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HomeMy WebLinkAboutSubmittal-Dexter Lehtinen, Bayfront Park Management Trust-Board Meeting of 10-24-17../ . )�A '/-e 3o Submitted into the public record fo ite 1(s) Q�, on City Clerk BAYFRONT PARK MANAGEMENT TRUST — BOARD MEETING — DATE: Tuesday, October 24, 2017 TIME: 12:00 p.m. LOCATION: Bayfront Park 301 North Biscayne Boulevard Miami, Florida 33132 Stenographically Reported By: Alexa Goldman, FPR 2MA- N61A\— QU�tf UNkVA' 64A Lk&fc\ Mf e��, of io/iy li7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BOARD MEMEBERS Commissioner Frank Carollo Marlene Avalo (by telephone) Emilio Calleja Alex Cardenas Ralph Duharte Frank Fernandez Jeanie Hernandez (by telephone) Nathan R. Kurland Marie Louissaint ALSO PRESENT Rodolfo Calderon Jose Gell Rafael Suarez -Rivas Submitted into the 1 record foy iten s on MON— Mary— Mary Wick, Domino Gibbs, Maykelin Salmeron, Michael Gaid, Claudio Riedi, Dexter Lehtinen, Steve McCord, Sandy York, Valeria Sanchez, Karina Mestre, Tony Delahiguera, Peter Davidson, Robert Weinreb, Gene Walton, Fran Fenton, Cristina Palomo, Eileen Higgins, Ray Martinez, Tim Gomez, Brian Oliver, Rodney Barreto, Rev. Pedro Martinez, Wayne Tillman, Carl Bey, Steve Dutton, Jacqueline Johnston, Manuel Perez, Abigail Mahony, Don Silver, David Smiley, Mark Rosenblum, Saif Hamideh, Tom Temp, Jason Walker, Sue Nelson, Andres Althabe, Valeria Sanchez, Scott Larson lic 1 , City Clerk • 1 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The following proceedings began at 12:04 p.m.: MR. CAROLLO: Good afternoon, everybody. I would like to commence Tuesday, October 24th, 2014 -- 2017, I'm sorry, for Bayfront Park Management Trust. We will begin with the pledge of allegiance, and I'll ask our secretary to lead US. Mr. Gell. (Thereupon, the pledge of allegiance is recited.) MR. CAROLLO: Thank you, Mr. Gell. We will continue not with roll call. My name is Frank Carollo, I'm chairman of the Trust. MR. CELL: Jose Gell, Bayfront Park. MR. KURLAND: Nathan Kurland, Bayfront Park Management Trust. MR. CALDERON: Rodolfo Calderon, Bayfront Park Management Trust. MR. CALLEJA: Emilio Calleja, Bayfront Park Management Trust. MR. FERNANDEZ: Frank Fernandez, Bayfront Park Management Trust. MR. CARDENAS: Park Management Trust. MR. DUHARTE: Management Trust. Alex Cardenas, Bayfront Ralph Duharte, Bayfront Park Submitted into the publi recn<<1 f r iter (s) _�� on _��- City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. LOUISSAINT: Marie Louissaint, Bayfront Park Management Trust. MR. SUAREZ-RIVAS: Rafael Suarez -Rivas, Office of the City Attorney. MS. WICK: Mary Wick, court reporter for Taylor Janovic. MR. WEINREB: Bob Weinreb, City Manager's Office. MS. SALMERON: Maykelin Salmeron, Office of Commissioner Frank Carollo. MS. GIBBS: Domini Gibbs, Office of Commissioner Carollo. MR. TILLMAN: Wayne Tillman, Commissioner Carollo. Park. MS. SANCHEZ: Valeria Sanchez, Bayfront MS. MESTRE: Karina Mestre, Bayfront Park. THE COURT REPORTER: Alexa Goldman, court reporter. MR. BARETTO: Rodney Barreto, Super Bowl committee. MR. RIEDI: Claudio Riedi, attorney for Events Entertainment Group. MR. LEHTINEN: Dexter Lehtinen with Claudio Riedi. Submitted into the public record i ite (S) on_ IM L 70— . City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. YORK: Sandy York, Ultra Music Festival. MR. MARTINEZ: Ray Martinez, Ultra Music Festival. MR. WALTON: Gene Walton, 900 Biscayne. MR. OLIVER: Brian Oliver, Rolling Loud. GENTLEMAN MR. SPEAKER 2: Tim Gomez, Floridian Partners. REV. MARTINEZ: Reverend Martinez. MR. DELAHIGUERA: Tony Delahiguera, Live Nation. MS. FENTON: Fran Fenton. MR. DONOVAN: Sam Donovan. MR. HIGGINS: Eileen Higgins, Downtown Neighborhoods Alliance. MS. PALOMO: Cristina Palomo, President, Downtown Neighborhoods Association. MR. LAID: Michael Gaid, Ultra Music Festival. MR. MCCORD: Steven McCord, Event Entertainment Group. MR. CAROLLO: I think we have Ms. Hernandez on the phone. Ms. Hernandez? Jeanie? MS. HERNANDEZ: Jeanie Hernandez, Bayfront Submitted into the public I record f ite (s) on City Clerk 1 2 3 4 5 6 7 8 9 10 psi 12 13 14 15 104 17 18 19 20 21 22 23 24 PAN Park Management Trust. MR. CAROLLO: waiting for Ms. Avalo. agenda. Thank you. We're just Let's continue with the I think we have a pretty packed agenda, so I'm going to ask everyone, obviously, to maintain decorum as always. And I'm going to try to run through this a little briefly, although I'll give ample time to discuss any items. With that said, Mr. Calderon, if you will, Trust finances. MR. CALDERON: Thank you, Commissioner. Let's review the month of September 2017. The first page of the report shows a negative change in net position of $356,745. I would like to point out the main reason for the deficit is due to emergency expense for Hurricane Irma. We're working with the City of Miami and FEMA to get the funds reimbursed. If we go to page 12, we have a year-to-date for the full year, for the fiscal year 2016-2017, before depreciation, we have a positive change around $514,132. After depreciation, it goes down to 76,928. That includes the expenses we had due to the hurricane. Submitted into the public record fo iter (s) T\, on ��11 City Clerk 1 2 3 4 5 6 7 8 9 pill 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We go to page 23, it shows a balance sheet. The last line is $10.6 million, that is cash at 4.1 and assets at 6.4. Page 25, accounts receivable report, and the last page, minimum cash flow with a cash ending balance of 4.1. MR. CALLEJA: Motion to approve? MR. CAROLLO: Motion by Mr. Calleja to approve. Is there a second? MR. CARDENAS: Second. MR. CAROLLO: Motion seconded by Mr. Cardenas. Any discussion? Hearing no discussion, all in favor say aye. BOARD MEMBERS: Aye. MR. CAROLLO: Anyone in opposition have the same right to say no. Motion carries unanimously. Mr. Calderon, continue, please. MR. CALDERON: Let's continue with page 25, the arrearage report. The first item is Cirish for $500, that has been paid. Live Nation, paid. Roc -Off Productions, paid as well. South Beach Lady, we're waiting for the check. It's on its way. Urenergy Yoga is paid. That's all for Submitted into the public_ „ record fo ite(s) on City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PXII 21 22 23 24 25 the report. MR. CAROLLO: Very good. Thank you. Moving into the approval items, consent agenda. Does any board members want to pull any items from the consent agenda? MR. KURLAND: Motion to approve as a whole. MR. CAROLLO: Motion by Mr. Kurland. Is there a second? MS. LOUISSAINT: Second. MR. CAROLLO: Second by Ms. Louissaint. Any discussion? The only thing I want to point out is in Resolution 17-061 for the minutes to be transcribed verbatim. I want to make sure it goes from now on, but at the same time, I want to go back all the way to January 1st, or the first meeting of January 2017, so that all the minutes are transcribed verbatim from all the meetings. With that said, any further discussion? No. All in favor say aye. BOARD MEMBERS: Aye. MR. CAROLLO: Anyone in opposition has the same right to say no. Motion carries unanimously. Submitted into the public. re ori fo iter im ry II Ci Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PM There's a couple of individuals I see coming in. Say your name for the record. MR. DUTTON: Steve Dutton. MR. CAROLLO: And I see -- MR. PEREZ: Manuel Perez. MR. CAROLLO: Thank you. And your name, sir? MR. BEY: Tom Bey. MR. CAROLLO: Thank you. Moving into the general agenda items. The first item is the City of Miami Ticket Surcharge Ordinance. Members, I'd like to do a quick explanation. Right now as it currently exists, there's already a ticket surcharge in the City of Miami. The only thing that this is actually doing is doing an adjustment for a higher paid ticket. If you go to your pack, you'll see in the last page where we're adjusting or amending the new ordinance, it's actually just for higher paid tickets. So in other words, that someone who is paying $1,500 for a ticket, doesn't pay the same surcharge as someone who is paying $30 per ticket. It went to the city commission and was unanimously approved. Commissioner asked me to bring it to Bayfront Park, so I brought it here to Submitted into the public record fo 1 (s) S� on � I 'I . City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bayfront Park, and we're scheduled to have a second reading soon. Now, with that said, as a side note, I do want to say that Bayfront Park and this Trust has been around for many, many years. And I could tell you, in all the years that this Trust has operated, there's only been eight years, eight years, that the city has not subsidized it at all. In other words, eight years that this Trust was spending self-sustaining happens to be the eight years that I have been chairman. Regardless who sits here after me, who sits there, or if I ever step foot in this building again, I am setting the structure for this Trust to be financially sound for many, many years to come. And at the same time, making sure that all the employees that have made Bayfront Park such a success, don't have to worry about their salaries, whether they're going to have pay cuts, whether they're going to have insurance for their families, whether they're going to have any retirement benefits. I will not let your typical City of Miami politics get in the way of doing this. So I welcome a motion for any discussion you feel we Submitted into the public record fo itei(s) S on City Clerk 1 2 3 .I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 should have. Mr. Kurland. MR. KURLAND: I will speak for myself, however I don't believe any members of the Trust will have a problem receiving more money from the various producers in events from this park. MR. CAROLLO: Exactly. MR. KURLAND: We seem to be foregoing the process it usually takes to something like an increase in surcharge. The exact comment by Commissioner Russell at the commission was, Commissioner Carollo, have you discussed this with the Bayfront Park Trust? He didn't recommend that you go to us; he asked had you already done it. My problem is there is a process in place whereby this Trust is entrusted with the well being of Bayfront Park as you have been our chair. We seem to be eliminating any potential input from this Trust and putting it all in your hands, not necessarily voluntarily. So it is not that we're receiving more money. I think all of us agree the health of the park depends on our revenue streams. But I'm objecting to the process by which we discuss and then we come to -- and even to the point where I Submitted into the public recordfc iter s) `5_ on City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 X 21 22 23 24 25 would like to have had the producers of Ultra, perhaps, make a presentation to us about how they're feeling. I would like the Rolling Loud producers to come to us and talk about it. Not because I'm not going to do it because they say they would rather not pay more money, but because it's part of the process. If you eliminate the process, you eliminate the will of this board. Lately, we don't seem to have much will or any input whatsoever. MR. DUHARTE: I totally agree with his comments. MR. CAROLLO: I have no doubt. Any other comments? MR. SUAREZ-RIVAS: May I bring up something factually that may be obvious? The ticket surcharge is a regulation that the city has is citywide, and its implementation may indeed impact certain facilities more than others. But I think Chapter 53 in the code originally was written when the city -- you also had the Coconut Grove Exhibition Center, you had a series at the Commodore Ralph Monroe Marine Center active again. All I want to mention is it's written in a citywide basis. Submitted into the public record fo fite (s I City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CAROLLO: If you remember a few months back when our former executive director was here, he mentioned the fact of having shortfalls in the revenue streams. His way was to have additional events. There are other ways to make up the shortfalls. This is one of them. And I don't believe that someone that pays $1,200, $1,500 per ticket should pay the same surcharge as someone who pays $30 a ticket. Mr. Kurland. MR. KURLAND: Once again, I want to reiterate, it is not about achieving additional funds, it is the process for which the board sits here. This board is meant to opine in what it is we exactly intend to do. And this board has had precious little input of late in terms of what it is that is coming out under our name. MR. CAROLLO: So how much time do you need to opine? Because that's what we're doing right now, we're having a discussion so you can opine. How much time? MR. KURLAND: Certainly, before it goes to the city and to the city commission, it would have been polite, at the very least, and possibly important, at the very most, for us to have some Submitted into the public record fo(S) i5k, on U11 . City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 kind of input and to continue the process. No one person runs the Bayfront Park Management Trust. There are nine of us all together. Usually, with the kinds of decisions of this magnitude, you would think there would be input from all. In this instance, I not only didn't have input, I wasn't even aware it was happening until it was already happened. That should not be the way we are informed as members of this Trust. MR. CAROLLO: Well, give your input. MR. KURLAND: I'm doing it right now as we speak. MR. CAROLLO: Right. Right. So give your input with regards to the issue right now. MR. KURLAND: I object to the process by which you are doing this, not the input of extra income. MR. CAROLLO: Okay. So what's the process? What should be the process? You want to put it for the next meeting? I mean, what's the process? I'm leaving it up to you. What's the process? I'll defer it to the commission. What's the processes? Give me an additional 30 days? Hey, what's the process? Submitted into the public record for ite s , t on _ �Z6 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KURLAND: Well, if I take you as my example, you have literally at city commission objected to more of a lack of information and requested deferrals than any other commission, for which I respect you. Because, at the very least, you should have all the information possible before you make a decision. I am objecting to the fact that this went before the city commission before it was even discussed by Bayfront Park Trust, before we had an opportunity to hear what our producing events had to say. I just would have liked a little more input before I'm being asked to pass on it and allow the city commission to vote a second vote already and make it happen before we had a chance to say a word. MR. CAROLLO: Two things. Two things. First of all, it's a citywide issue, it's not just a Bayfront Park issue. I still brought it before the final commission meeting. I brought it before the final vote. Okay. And I'm telling you, what do you want to do? Do you want it extended? Ultra is here. Rolling Loud is here. You want to hear from them? You left one out, the residents are here, too. Submitted into the public record for ite (s) on City Clerk 11 2 3 4 5 6 7 9 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KURLAND: We should hear from them. That's also on our agenda as well. We could certainly discuss that as well. MR. CAROLLO: The reason being is, you know, I'm tired of saying, oh, you know, we don't have time, this and that. So I'm bringing it here as an informational item. You can see it, take as much time as you want. Because realistically, we're not taking a vote on this today. It's going to be something for the future. But I'm giving you way enough time for you all to read it, read it again, and keep going on it. MR. KURLAND: We're don't get to vote on this today, but the city commission is? At what point does it matter if we discuss it or vote on it or not? MR. CAROLLO: No, we're not voting on the informational item. Mr. Calleja. MR. CALLEJA: Just a reminder, other cities, other concert venues, other events, and their surcharges to compare what we're doing? MR. CAROLLO: Well, let me answer it this way, what other city, other venue, sells tickets for 1,500 or 1,200 and the average price is Submitted into the public record for iter s) on 1 . City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 somewhere in the area of $400, $500? MR. CALLEJA: Chicago. New York. MR. CAROLLO: It's hard to -- MR. CALLEJA: I think that's part of the discussion what Nathan was bringing up. Maybe we're way under, maybe we should charge more, maybe we're not in par with other cities, other events. Maybe that's what he's getting to. MR. CAROLLO: Mr. Duharte. MR. DUHARTE: Commissioner, by you saying that, you're admitting, basically, you're doing this for Bayfront Park and for the events we hold here. MR. CAROLLO: I mean, let's make no mistake about it, the location that it affects most is Bayfront Park. I said that in the commission meeting. Let's make no mistake about it. Because as I said, there's not too many venues that have four or $500 tickets and $1,000 or $1200 tickets. MR. DUHARTE: So the target events were basically the ones that we are holding here? MR. CAROLLO: I'm not targeting any events, but I'm just saying the facts. MR. DUHARTE: I agree with Mr. Kurland Submitted into the public record fiter (s) 54�_ on ' ]_. City Clerk 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 when he said that the income is welcome. But it's true that I agree, and I have said it through the meetings, we have no input. Basically, things get done without this board even discussing it. MR. CAROLLO: So, well, you're discussing it right now. And you know what, I welcome you to help Nathan -- help Mr. Kurland come up with that process. MR. DUHARTE: Sir, the process is in place, we just haven't been applying it. MR. CAROLLO: What is that process? What would you like to do? I have it here before you. What would you like to do? MR. DUHARTE: Simply discuss it before it goes to the commission. MR. CAROLLO: So what would you like to do? We're discussing it now. MR. DUHARTE: Basically, there's nothing we can do now. MR. CAROLLO: What do you want to do? Do you want to defer this? Do you want me to defer it to the city commission? MR. DUHARTE: Yes. MR. CAROLLO: Okay. So when do you want to hear this again? Submitted into the public n record fo ite (sl Y� on City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DUHARTE: Next meeting. MR. CAROLLO: Okay, next meeting. The next meeting will be after the commission meeting. So do you want to have a meeting before the commission meeting? You can hear it here. You will have sufficient time to go through it. There's not much information that really needs to be had because it's quite simple, but that's okay. So we'll have a meeting of the Bayfront Park prior to the commission meeting in November, and then we'll have the commission meeting; is that what you'd like? MR. DUHARTE: What are you saying? We're having a meeting tomorrow? The commission meeting is Thursday. MR. CAROLLO: I understand that. I will defer it. I will defer it at that meeting at the commission level. Then the next commission meeting in November is before the next meeting of Bayfront Park. What I'm saying is we'll have a meeting in early November -- MR. DUHARTE: I'd rather not. I'd rather not. MR. CAROLLO: What would you like to do? Mr. Kurland. Submitted into the public record fo ite (S) on _719 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 OW 19 20 21 22 23 24 25 MR. KURLAND: This is disingenuous at best. As I've said, you are a tireless advocate for Bayfront Park. MR. DUHARTE: True. MR. KURLAND: I think most of us will agree to that, Commissioner, what I object to, and what I continue to object to -- and there's another item coming up that I object to -- you are literally just taking over and leaving us no -- I mean, we sit here as a board almost powerless because these decisions are being made without any discussion by the board. There is a process in place that is let's discuss it before it goes to the city commission, not when it's already been approved on first reading. You can ask us what we would like to do, but it's already been done. MR. CAROLLO: Mr. Kurland, nothing is done until the city commission votes on final reading. Nothing's been done. MR. KURLAND: You're asking me to acknowledge the process by which we arrive at these decisions, the discussion by every single member of this board: Mr. Fernandez, Mr. Cardenas, Ms. Hernandez, all of us have an Submitted into the public record for items on City Clerk I 2 3 4 5 C^. rA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opinion on how we feel about particular issues, and yet none of us have had the opportunity prior to today to give them. Just seems that's what we're supposedly here for. Otherwise, let's not have a board, let's just have a chairman. MR. CAROLLO: We have a board to vote. And the truth of the matter is, that's why I bring it to the board, for us to discuss. I go a step further, I'm saying, listen, what do you want to do? What's the process? Do you want to defer this so you can discuss it some more? We can. We will defer it to discuss it some more. I mean, if that's what you want, we'll defer it to discuss it some more. I don't know how much more discussion we need. So you're saying the process is flawed, okay, so fix it, let's remedy it. It hasn't passed on second reading. Which, by the way, this is a City of Miami issue, it's not just a Bayfront Park Trust issue. MR. KURLAND: It certainly affects Bayfront Park and the producers. It would have been nice to have had some input, some discussion prior to it going to city commission. MR. CAROLLO: I'm telling you on second Submitted into the public record for item s) on City Clerk 1 2 3 4 67 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L L reading, I will defer it so you can have all the discussion that you want beginning today. That's why it's on the agenda, so you can have all the discussion you want, and all the members can have all the discussions that they want. If you want to take a vote, we will; if not, we won't. But we're kicking the can down the road. And in the meantime, I don't know, I didn't see any proposals when our former executive director said that we had a shortfall in our revenue stream. You've had plenty of time since he said that to come up with some proposals. I haven't heard of any. Mr. Duharte. MR. DUHARTE: It's very nice that you came up with it. We just wanted to discuss it before it went to the commission. MR. CAROLLO: Understood. You will be able to discuss it all you want today, and you'll be able to discuss it, we'll set another meeting, all you want prior to it going to commission meeting. Even though it's a citywide issue, I will ask the city commission to defer it to the November meeting. You can discuss all you want now and discuss all you want at another Bayfront Submitted into the public record for tem ) on City Clerk 1 2 91 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Park meeting prior to it going to the commission. MR. DUHARTE: Commissioner, I would rather not have no other meeting till the end of next month. MR. CAROLLO: Mr. Kurland. MR. KURLAND: Rather than beat upon one of the executive directors in the City of Miami, simply in the process of trying to be transparent, informed this trust that the boat dock income was down $350,000. We appreciated being informed, and yet we hadn't really had discussions regarding how we were going to replace that money. We are not criticizing the addition of higher ticket surcharge. Let's be very clear, Commissioner, what we're having a problem with is the fact that the process has been completely overlooked. We don't have a process anymore. We were asked -- we were told to approve a $2.2 million jungle gym. No discussion. No RFP. No nothing. Approve it and it's done. We didn't know it was happening, and it's done. It's got to stop. This is about everyone contributing to the Bayfront Park Trust and the betterment of this Trust and the betterment of everyone involved. Submitted into the public record for iter s) City Clerk on 1 2 91 AN 5 6 7 8 9 10 11 12 13 PE 15 16 17 18 19 20 21 22 23 24 25 L Z That is not what is happening now. I'm not opposed to an increase of surcharge. MR. CAROLLO: So pass it. MR. KURLAND: It's up to the board to pass it. What we are trying to make note of is the fact that process has become flawed. MR. CAROLLO: Mr. Kurland, I -- you know everyone keeps either forgetting or not saying that since this board passed the funding, or at least allowing the executive director to move forward with the jungle gym, I have told you all that there has been no purchase orders, that we have not allocated the funding at all, and as a matter of fact, in large part it was myself that had to, you know, debate very hard against one of my colleagues to be able to receive those $2 million. Those funds -- that money, even though it's there, has not been allocated, we have not done a purchase order, we have not moved forward. As a matter of fact, I'll be honest with you, I want to see if we can set up, and I told you all, some type of committee. I discussed it with the city attorneys, Did we do anything incorrect? They said, No. What if we went through some type Submitted into the publics record fo iters (s on City Clerk 1 2 3 4 5 6 II 8 9 10 11 12 13 14 15 16 Pori 18 19 20 21 22 23 24 25 L J of RFP process? They said, Possibly. Unfortunately, Hurricane Irma came by and everything has taken us back. So I think even though I have mentioned that, and that's why I want all the minutes to be verbatim, because all those details I have said have, ironically have also been missing, I want them to be there. So again, you're saying that the process, let's kick the can down the road. In the meantime, in the meantime -- and by the way, I'm not saying anything about former executive director, but we listened to the tape, he didn't say that dock income was low, he said that the revenue stream, there was a shortfall in the revenue stream. We addressed that, too. If you notice since our dockage income was low, we revisited that contract, and we made a significant increase. Something I think we should have done a long time MR. KURLAND: Fair enough. MR. CAROLLO: So with that said, it's up to this board. What do you want to do? You want additional time, we'll take additional time. But Submitted into the public I record fo ite s) tin 9. . City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L V in the meantime, listen, that money is going to come back to this Trust. And yes, as you saw, I requested an increase for all the employees. I requested that we give them a retirement, except that instead of six years not giving them anything whatsoever. And yes, I'm sorry, but I was not okay with them not having or this Trust not providing them insurance, health insurance, for their families. And I think that's how -- by the way, Mr. Kurland, that's how, realistically, this will go to pay all that, now and in the future. MR. DUHARTE: Commissioner, like you said, you have been here eight years, why didn't you do something sooner? MR. CAROLLO: I'll tell you whv. MR. DUHARTE: Please. MR. CAROLLO: I'll tell you why, because from the board level you look at things a little differently. Look to see analytics, how much were -- how much are expenses from one year versus another year and so forth. When our former executive director moved on and I became more active in the day-to-day operations, I started asking some of those Submitted into the public record fir it e n(s) on City Clerk 1 2 3 4 5 6 Fl 8 9 10 11 12 13 ow! Iasi 16 17 18 19 20 21 22 23 24 25 L questions. It wasn't just oh, so health insurance went up from this amount to this amount? No. It was what type of health insurance do you all have? What do you mean you don't have health insurance for your families? What do you mean you don't have health insurance for your loved one or your child, that can't be. I started getting more and more into the day-to-day operations. That's how that all came about. And there were significant flaws, at least in my opinion, that I brought to this board. Again, with the surcharge, what do you want to do? I'm ready to move forward. By the way, this is just a recommendation to the city commission. MR. KURLAND: Right. MR. CAROLLO: By you passing this or not passing this, it really is just a recommendation. If you think that we should increase the surcharge or not. MR. SUAREZ-RIVAS: Mr. Chairman, that was actually the legislative point I wanted to make. This is an ordinance amendment. And much the same way other boards give information and a recommendation to the commission one way or the Submitted into the public II record Uflitel (s) 5& b on 1-. City Clerk 1 2 3 C! 5 6 7 8 9 10 11 12 13 14 15 16 WN ME:3 19 20 21 22 PAI IN 09 G V other about matters that concern, piece out comprehensive plan, code enforcement, that would be this that kind of input the board would make today or on some other occasions as decided by the board. MR. CAROLLO: So I will take a motion either in favor of this. I will take a motion to defer this. What does this board want to do? I am telling you I am very adamant that we should pass this because this set the stage and the structure for the future of this Trust, whether any of us will be here or not. And assures in a time of uncertainty for employees that they don't have to worry about the future with their salaries, retirement, or health benefits. Okay. Is there any motion? MR. CARDENAS: Motion to approve Miami take a surcharge. MR. CAROLLO: There's a motion by Mr. Cardenas. Is there a second? MR. FERNANDEZ: I'll second. MR. CAROLLO: There's a second by Mr. Fernandez. Is there anymore discussion? Dr. Louissaint? Mr. Duharte? Mr. Kurland. Submitted into the public record fo ite (S) on t 9 . City Clerk 1 Pa 91 4 5 6 7 rQ 9 10 11 12 13 14 15 16 PON 18 19 20 21 22 23 24 PA G J MR. KURLAND: Once again, I am not opposing the surcharge. I think there's silence because everyone is in an uncomfortable position right now. It would be like voting against the health of the park and voting against additional income for the park to say no to the surcharge. So once again, for the record, the process that gets us to a decision should be made by this Trust, not just by the chair of the Trust. MR. CAROLLO: Okay. And I have said beforehand, what is that process? Do you want to defer it? Do you want to defer it? You know what, let's not take a vote. Let's defer it. Then you'll have plenty of time -- MR. KURLAND: There is a motion on the table, there is a motion and a second, from what I understand. We're going to vote one way or another. MR. CALLEJA: Can I make an alternative motion? Can we direct the executive director to do a study that should have been done and see what other cities charge, talk to all of our promoters to see how they feel, and come back at the next regularly scheduled board meeting so we take it up. Submitted into the public record four item(s) on City Clerl, 2 3 4 5 6 7 8 W p[1] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J V MR. DUHARTE: I would second that motion. MR. SUAREZ-RIVAS: But there's a pending motion. MR. KURLAND: You have to withdraw your motion if there's an alternative motion. MR. FERNANDEZ: May I make a comment? MR. CAROLLO: Sure, Mr. Fernandez. MR. FERNANDEZ: This is a recommendation. MR. CAROLLO: Yes. MR. FERNANDEZ: So potentially this has to go back to citywide? MR. CAROLLO: City commission. To the city commission. MR. FERNANDEZ: So based on what we would do, the additional study, which I understand that would give us additional information, but if we felt that at some point going forward that this could be higher or -- I'm saying this because of the sake of time. Maybe at some point in the future, if we're allowed legally to have some pricing that's different, then maybe that can be reviewed after some additional research. But it sounds like, based on the time frame, then whatever it is we're going to do based on what Duharte had mentioned Submitted into the public record for/iter (s) City Clerk on 1 2 3 4 5 6 7 8 9 10 11 IN Is] 14 15 16 17 18 19 20 21 22 23 24 25 J 1 before, we would have to have another meeting in November to review that information, sounds like. MR. CAROLLO: Yes. And I'll be honest with you, whether -- let's say another venue, let's say, in Chicago charges more or charges less, is that really going to make a difference? I mean, Mr. Kurland is saying he's okay with it. He wants the process. He wants to take more time. But realistically, is it going to make a difference? So think about what we're asking because everything we ask for also takes money. It takes time. For instance, we want all our minutes to be verbatim. That's going to cost more money. So everything we do takes time and money. So again, it's whatever information we get maybe from Chicago or maybe another area really going to make a difference? Maybe it does, I'm not sure. I mean, that's why I'm asking the question. Mr. Duharte. MR. DUHARTE: It will probably not make a difference. MR. CAROLLO: That's my point. MR. DUHARTE: I'm going to be honest, I really would have wished we could have discussed Submitted into the public record for 'ten -� Al - on City Clerk I ►a 3 4 5 6 7 N. 9 10 11 12 13 14 1161 17 18 19 20 21 22 23 24 25 it with Rolling Loud and Ultra and hear how they feel about it and if they have any suggestions. MR. CAROLLO: They're here. MR. DUHARTE: It's not going to change what my opinion is, and I am for the increase, but I honestly would have loved to hear from them because they are partners with us. That's the way I see it. MR. CAROLLO: Mr. Duharte, but they're here to state their opinion. They're here. Not to mention, not to mention, the residents are also here and their representation is here. We can hear from them. That's what meetings are for. That's exactly what this is for. That's exactly why I put it in the agenda. We can listen to them. Mr. Fernandez. MR. FERNANDEZ: Could we take a few minutes and do that? MR. CAROLLO: Absolutely. Can the representatives from Ultra give their opinion? MR. REIDI: Commissioner, Claude Riedi and Dexter Lehtinen. We have been selling tickets for the 2018 event since last May without surcharge, Submitted into the public record foU te (s) on —�i I I-. City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and it creates dilemma for us. How are we going to collect a surcharge on tickets already been sold? A surcharge is, by definition, a charge on top of a charge. So it's physically impossible for us to go back on the contracts we have entered with our patrons already and demand more money. It should not apply to events that have already sold tickets. You would create an incredible quagmire for us. MR. CAROLLO: Understood. Is that the only issue you have? MR. RIEDI: That is our main issue. There were remarks made that there is lack of analysis here, how many tickets are affected, how much will revenue be -- 10,000, 100,000, or 1 million? We don't know. But our main concern today is that this -- the way the legislation is drafted right now, it would affect our existing contracts, and it would put in a difficult and untenable situation. We cannot collect on the tickets we have already sold. MR. CAROLLO: Understood. So my question to you is, if we make an amendment to the legislation that stipulates something to the Submitted into the public record fo ite s on `) City Clerk I 2 3 E! FIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 effect -- and I'll yield to our city attorney -- something to the effect that from the date that it passes on, any tickets sold, then it will apply. So all the tickets that you sold prior to that, you do not have to apply it to. Obviously, we would have to take account of the tickets sold from whatever point forward. MR. REIDI: Well, that creates a complication for us. We have to change all our advertising, we'd have to change our pricing, we'd have to change our pricing tiers possibly. I would request that you make it not applicable to events which have already sold tickets. I think we have already sold over 60 percent of our tickets. And long before this has been introduced this has been going on. We still ask you to do an analysis of how much money this will really generate. This has to be tied to some sort of benefit to the park, and we don't know the exact amounts. But at the very least, we should have an exception carved out for events that have already sold tickets. MR. CAROLLO: Understood. Thank you for your comment. Submitted into the public recordfor ite (s on City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J J If I may two point, first of all, the analysis of how much it would make, I think -- and that was part of my question -- I don't think it really makes a difference whether it's 100,000 or 10,000 or 200,000. I have put language here, and by the code, there is language here that whatever the ticket surcharge makes, it's maintained within the facility. That makes it -- that's actually an opinion by the attorney general. And I don't know if it's in your pack, but it's definitely in the pack of the city commission. So the money's made, whether it's 100,000 or 10,000, or whether it's 300,000, it will maintain here at Bayfront Park Trust. With regards to the tickets this year, listen, I don't mind doing some type of amendment to the legislation so that the tickets that you have sold would not apply. But again, unlike what most people say, I'm just one vote, but I'm amicable to something like that. Mr. Calleja. MR. CALLEJA: Mr. Commissioner, doesn't that sort of prove the point that if we were to pass it, if the commission passed it, they would have obviously objected and gone after us. Submitted into the public record for ite (S on City Clerk 1 2 3 4 5 6 7 IX 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J V MR. CAROLLO: Mr. Calleja, they would not have gone after us. What they don't tell you -- and I've read these contracts pretty well, what they don't tell you, in your contract it stipulates that if we adjust these rates, they have to abide by it. That's the part that they didn't tell you. I'm being here diplomatic and friendly to everyone. Mr. Fernandez? MR. FERNANDEZ: Can we hear from others? MR. CAROLLO: Sure. Who else would you like to hear from? MR. FERNANDEZ: Anyone. MR. CALLEJA: Live Nation? MR. DELAHIGUERA: We don't have a comment. MR. CAROLLO: Residents? Rolling Loud? MS. HIGGINS: We would be for higher surcharges for tickets that are past a certain amount in price. MR. CAROLLO: Tim -- Mr. Gomez. MR. GOMEZ: On behalf of Rolling Loud, we did a little bit of back -of -the -napkin accounting for what it would have meant for the show this past year, and the surcharge, we spent approximately 240,000 to the park. Submitted into the public record fo ite (s) on City Clerk 1 2 91 4 5 6 7 8 9 IN 11 12 13 14 15 16 17 IM 19 20 21 22 pal 24 25 If it were the same size show or a Ultra size show next year, we anticipated the affect on the surcharges would be about $960,000 when you take into account your lower level tickets and your VIP tickets. The lower level tickets incrementally, we understand. On the VIP end, it's a 600 percent increase on the surcharge. If that's the market, if that's how it's done. You know, could we live with it, probably. Would it affect our ticket sales, I guess we'll find out when and if we have a show here. But we would have liked to be at the table. We would like to talk to folks about it. Could there have been an incremental adjustment, first year this, second year this, a sliding scale, those are things, you know, we're happy to have a conversation. MR. CAROLLO: Absolutely. MR. GOMEZ: We love this park. We love the employees. We're happy to be here, and we're happy you want to take care of them. MR. CAROLLO: Thank you, Mr. Gomez. And by the way, if you're saying it's that big of an increase, maybe that's because the surcharge is very low for those $1,000 tickets, $1,200 tickets, Submitted into the public record for iter s) SV 1 on _� City Clerk 1 2 3 C! 5 6 7 8 9 10 11 12 13 14 15 16 17 Ora OIK 20 21 22 23 24 25 J V and that's my point. Listen, just to conclude, and then we'll see exactly what you want to do. I don't know how many of you have gone to Ticketmaster lately or buy $100 ticket and how much surcharge and how much fees you pay. Highest surcharge that we're asking for a $1,200 and $1,500 ticket -- I don't know how many of you go out and purchase $1200 tickets, but the surcharge is $12. And if you're buying $1500 ticket or $1200 ticket, I have to really believe that for an additional $12, you're not going to say no, no, no, we can't do this. You have already heard from Ultra. It seems like they're okay with it. Their main issue is for the current year. We can make an adjustment there if you so choose. Seems like Rolling Loud will be okay. And it seems like the residents are okay. You know, again, we could postpone this and defer this or take a vote today. By the way, you're welcome to come to city commission meeting and also state if you're in favor or not. You have another bite at the apple. Just remember, it is a citywide issue. And personally, I think it's a no-brainer. So we don't have any real Submitted into the public record for ite (s) on 9 . City Clerk 1 2 91 C! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W1] 21 22 23 24 25 opposition. MR. SPEAKER 1: Mr. Chair, if I may, just to a make a legal point very briefly, normally legislation is effective prospectively, not retroactively unless it says so. But if it's the will of the board, you could consider adding to the legislation something to the effect of this amendment shall not apply to an event selling tickets on the effective date of this amendment or something of that nature. MR. RIEDI: We would be satisfied with that. MR. CAROLLO: something like that. I would be okay with MS. FENTON: I think there are tickets for events for next year for sale, maybe not in the 1200 or 1500 range, but I think tickets already sold should not apply, but it's not excuse for people to post events and sell one ticket and prevent surcharges for the future. MR. CAROLLO: Understood. MR. SUAREZ-RIVAS: Again, it's up to the commission, but my intent was to make it as concise as possible saying it would not apply to an event selling tickets to event an on the Submitted into the public record for item s) �_ on City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 IC! 15 16 17 18 19 20 21 22 23 24 25 "1v effective date of that amendment. So presumably an event is selling tickets for one year, it's not selling tickets yet for something in the future. So it's something for the future. Again, that's the intent. MR. CAROLLO: We have heard from everybody. Do you still feel we need to postpone? MR. KURLAND: I never asked for postponement. MR. CAROLLO: vote on it? MR. KURLAND: board. please? Would you like to take a I'm ready to vote with the MR. DUHARTE: Call the question. MR. KURLAND: Could you repeat the motion, MR. CAROLLO: Yeah. The motion is to pass -- well, to recommend to the board that we should increase the ticket surcharge. MR. RIEDI: Clarification, with the addendum that city attorney suggested. MR. CAROLLO: Let me hear from the board, do you want to make the recommendation with that addendum? MS. LOUISSAINT: Yes. Submitted into the public record for iter (s) on r] . City Clerk 1 2 3 ri 5 6 7 8 9 ID oil 12 13 14 15 16 17 PE 1W,, 20 21 22 23 24 25 MR. KURLAND: Yes. MR. FERNANDEZ: Yes. MR. SUAREZ-RIVAS: Do you accept that, then? Do you accept that, Mr. Fernandez? MR. FERNANDEZ: Yes. MR. CAROLLO: Mr. Calleja. MR. CALLEJA: There's two motions. I made mine. I'm willing to withdraw my motion which was seconded by Ralph Duharte. MR. CAROLLO: We have a motion on the floor made by Mr. Cardenas and a second made by Mr. Fernandez, it is to approve or -- approve the recommendation to the city commission to pass an amendment for the ticket surcharge with the change regarding the current event, and I will yield to Mr. Suarez -Rivas. MR. SUAREZ-RIVAS: Again, the amendment is something that this ordinance amendment, this section, would not apply to an event which is selling tickets on the effective date of this amendment. So if a promoter is selling tickets now, the effective date is, you know, after the commission passes it on second reading then it's exempt. MR. CAROLLO: Should it pass? Submitted into the public record for itet119 s) on City Clerk 1 2 3 4 6 6 7 8 9 10 11 Orr 13 14 15 16 17 18 19 We] 21 22 23 24 25 `1 G MR. SUAREZ-RIVAS: Yes, you are correct. MR. SPEAKER 2: That means no tickets for next year are subject to the surcharge the way he just stated it? MR. CAROLLO: Yeah. This year's event, March 2016. MR. SPEAKER 2: No surcharge on any tickets? MR. SUAREZ-RIVAS: No current -- MR. SPEAKER 2: The way he read it, he said it would not apply to events currently selling tickets. MR. CAROLLO: Right. The additional amount. MR. SUAREZ-RIVAS: The additional amount, this amendment. MR. CAROLLO: Even though I will say it says in their contract that they would abide by the judgments. MR. SPEAKER 1: Mr. Chairman? MR. CAROLLO: Yes. MR. SPEAKER 1: Just to be clear, the way Mr. Suarez -Rivas explained the amendment, every single event taking place at Bayfront Park from now until the next event after they start selling Submitted into the public record fo itei (s) on �b '] City Clerk 1 2 3 C! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 `I J tickets, so every event selling one ticket today, not just Rolling Loud, that's what the language said it would do. I thought the intent was that those tickets that were already sold wouldn't be surcharged, but the tickets that were sold after the amendment -- after the ordinance was passed, would be subject to a different set of rules. But to be clear, that's how broad the amendment -- MR. CAROLLO: There's one correction, there's currently a surcharge by City of Miami ordinance. What we're requesting is an amendment an adjustment, to that ordinance so that the higher price tickets, would have a higher surcharge. What Mr. Suarez -Rivas is trying to do, and I think what this Trust wants, is that the higher surcharge doesn't apply to events that have already started selling tickets. MR. SPEAKER 1: And that would apply to every single event taking place? MR. CAROLLO: That has started selling tickets for, let's say you're having a January event, if you're having a February event, or a March event, and you're already selling tickets, Submitted into the public record fo it s S�I on City Clerk 1 2 3 11 61 6 7 8 9 10 11 12 13 14 15 16 NOVA 18 19 20 21 22 23 24 25 then what this Trust I'm hearing, and what Mr. Suarez -Rivas, I think, has stipulated, is that this additional surcharge would not apply to those tickets. MR. SPEAKER 2: So as a practical matter, the additional surcharge will not apply to any event in the City of Miami for, basically, a year. That's what it amounts to. People selling tickets to events right now across the board, not just Ultra, not just Rolling Loud. That would be the effect of the amendment? MR. CAROLLO: That would be the recommendation of Bayfront Park Management Trust, and we'll take it up at the city commission. MR. SPEAKER 2: I wanted to make sure there was clarity what the amendment would be. MR. CAROLLO: If they have an event and they haven't begun selling tickets, they're having an event in January or an even in February, yes, the higher amounts would apply. MR. SPEAKER 2: I'm sure everyone will start selling tickets once Mr. Smiley writes -- MR. CAROLLO: If those events haven't already been books. MR. RIEDI: How about make it effective Submitted into the public record for item on City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 pail 1�l 18 19 20 21 22 23 24 25 the first reading. In other words, events that started selling tickets as of the first reading. MR. SUAREZ-RIVAS: We could change that concept to say on the effective date of the amendment. We could say on the first reading of the section, which is whenever -- I don't have the date offhand. MR. RIEDI: November 12th -- October 12th was the first reading. MR. SUAREZ-RIVAS: So we could say -- thank you for that -- we could say this amendment will not apply to events that were selling tickets on October 12th, 2017. And then just want to say -- MR. RIEDI: On or before. MR. SUAREZ-RIVAS: Yes. On or before. MR. CAROLLO: Mr. Cardenas. MR. CARDENAS: Assuming this passes on second reading. MR. SUAREZ-RIVAS: Yes. This is contingent on the commission passing. MR. FERNANDEZ: I would assume they would accept our recommendation? MR. SUAREZ-RIVAS: That would be up to the city commission. Submitted into the public`` record J7, sonq . City Clerk 1 2 3 G! 5 6 7 8 9 10 11 Is] 14 15 16 17 18 19 20 21 22 23 24 25 MR. CAROLLO: Do we have clarity? Any further discussion? All in favor say aye. BOARD MEMBERS: Aye. MR. CAROLLO: Anyone in opposition has a right to say no. Motion carries unanimously as amended. I'm sorry. There's more people that are here that haven't -- for the record, I heard that David Smiley is here. I haven't seen him. So we have David Smiley here, for the record. Who else is here? Can we -- just for the record. MR. LARSON: Scott Larson. MR. SUAREZ-RIVAS: Law clerk in our office. MR. CAROLLO: Anybody else for the record? MR. HAMIDEH: Saif Hamideh, community organizer. MR. CAROLLO: Sir. MR. ROSENBLUM: Mark Rosenblum, Perez Art Museum Miami. MR. CAROLLO: Anybody else? No? Thank you, members. Good, healthy discussion. If we could move on now to review approval of upcoming events. Submitted into the public record fog iten s 1 on 1 . City Clerk 11 2 3 4 W 6 7 8 9 10 lei 12 13 14 15 16 17 18 19 pill 21 22 23 24 25 Mr. Gell. MR. GELL: In your board packet is a memo outlining three events we intend to do a lease agreement or a permit. The first one is an contemporary art installation at Museum Park. It's an artist interpretation of art performance, and it's an installation of a water pump, single water pump that will take water from the bay and put it through its pump and shoot it out the other side. And that has DERM approval. That should take place November 8th through November 12th. It's a two-hour art installation per day for five days. Second one is Red Bull is filming -- they're filming at Museum Park skydivers. Pretty much a media -driven event. Takes place at night. I think some formation or constellation. Third one for review is December 12th through the 18th, projection mapping. That is an advertisement -based event that's going to map an advertisement for, I think, MCS Cruises on to the Hotel Intercontinental. We have done that a couple years ago. MR. CAROLLO: Okay. By the way, I do want to point out another event that recently reached Submitted into the public record fo( A (S) „�L on I City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IV 19 20 21 22 23 24 25 out to us, the College Football Playoff Championships. Mr. Gell provided a letter that tentatively will hold sections of Bayfront Park and Museum Park from January 7th through 13th, 2021. Again, tentatively. I would like to add that here to make sure we have board approval since it's tentatively done. With that said, Mr. Kurland. MR. KURLAND: Can you give us an idea what might be involved with that? MR. CAROLLO: Fan experience. I imagine similar to what we did for the All Star Game, what we did for Casa Clasico and so forth. It's for the College Football Playoff Championships. Again, it's way in advance. It's in 2021. You can have more discussions if you want. MR. KURLAND: Oh, 2021. MR. CAROLLO: Like I told you, Bayfront Park is not that little, you know, park no one knows about. Any time major events wants to come here, they have to apply. Bayfront Park is included. I think it's a testament to the work we have done over the last few years. So I want to make sure that's added here for review for board approval in the next. Again, Submitted into the public record V ►ten I� on I�,h City Clerk 1 2 3 4 5 6 N 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 `S J you have plenty of time in the process. It's in 2021. Is there a motion to approve events? MR. DUHARTE: So moved. MR. CAROLLO: Motion by Mr. Duharte. Is there a second? MR. KURLAND: Second. MR. CAROLLO: Second by Mr. Kurland. Is there any discussion? Hearing no discussion, all in favor say aye. BOARD MEMBERS: Aye. MR. CAROLLO: Anyone in opposition has the same right to say no. Motion carries unanimously. Thank you, Trust members. We will move on now to the third general agenda item. It's an item that I asked to be placed on the agenda, and it deals with an item that has been placed on the Omni CRA agenda. Before I continue, if we can -- there's two members here that haven't, for the record, stated that they're here. I know we have representation from Commissioner Russell's office. MS. MAHONEY: Abigail Mahony with Commissioner Russell's office. MR. CAROLLO: Thank you for being here. Submitted into the public record fo itei (s) _��_ on , City Clerk 1 2 3 C! 5 6 7 8 10 11 12 13 14 15 16 17 iVl 19 20 21 22 23 24 PN And then we have representation here from the Omni CRA. MR. WALKER: Jason Walker, Omni CRA. I indicated I was here with the sign -in sheet. MR. CAROLLO: Thank you. With that said, there's an item in the Omni CRA agenda. In short, it's a request to remove all current and future obligations with respect to the Omni CRA monetary contributions for capital improvements at Museum Park as contained in the interlocal agreement; in other words, the global agreement. If you look at your package, the back of, you will see towards the end, you have a letter or a memorandum from the city attorney's office where the question, issue, has been asked whether the Omni CRA is required to provide funding for the maintenance of Museum Park. If you go to the next page in the conclusion, the city attorney's office concluded: The Omni CRA is required to make an annual contribution of 2 million to the Museum Park Capital Expenditure Fund payable through the year 2030 pursuant to both the interlocal agreement dated December 31, 2007, and the redevelopment Submitted into the public record fo iter on 9 . City Clerk 1 2 3 4 5 6 7 M. 1'' 10 11 12 13 14 15 106 17 18 19 20 21 22 23 24 25 J 1 plan as amended upon substantial completion of the park component of the property. So I know a few meetings back we were back and forth on a few thousands of dollars. Well, this is tens of millions of dollars. And it is placed on the Omni CRA agenda. And I am hoping that this board does become active, and if we spent an hour or two discussing tens of thousands of dollars -- actually, it was less than that -- but tentatively millions of dollars, we would take a stand, and again make a recommendation that the Omni CRA board does not pass. Is there a motion? MR. DUHARTE: So moved. MR. CAROLLO: Motion by Mr. Duharte. Is there a second? MS. HERNANDEZ: Second. MR. CAROLLO: Second by Ms. Hernandez. Any further discussion? MR. KURLAND: Not just to hear the sound of my voice, not being an attorney in a room full of attorneys, I believe that the agreement here, the interglobal agreement, is a legal document. And it suddenly seems, as if by whim, CRA is trying to change a legal document that clearly Submitted into the public r record for 'tem s) on City Clerk 1 2 3 I 5 6 7 8 9 10 Doi 12 13 14 15 16 IVi 18 19 20 21 22 PM Mi states that for the maintenance of -- MR. WALKER: If I may? MR. CAROLLO: Can the board member speak? Mr. Kurland. MR. KURLAND: For the maintenance of Museum Park. I wasn't talking about what you wish to do with the money, I'm just saying that's how I was reading it as a non attorney. I believe that this was an agreement that Omni CRA would be giving $2 million a year for the maintenance of Museum Park. We have as part of the budget $1 million a year for the upkeep of Museum Park. I believe it's a legal document. We have the opinion of the city attorney saying it's a legal document. And this would not be any kind of recommendation that I would make. MR. CAROLLO: Like I have said numerous times, that's why I want full minutes so that we have verbatim what has been said in the past. By the way, by the way, in the Omni CRA agenda, in one of the whereas clauses, in the seventh whereas clause it stipulates: Whereas, pursuant to Resolution CRA R17-0044 adopted July 27th, 2017, the board of commissioners of the Omni CRA authorized -- here's where I disagree. Submitted into the public record for ite s) — on '-1 . City Clerk 1 2 3 4 5 6 7 N. 6'' 10 11 12 13 14 10: O[l 17 18 19 20 21 22 23 24 25 J J It says: A final contribution towards capital improvements for the Museum Park in the amount of $2 million -- and it goes on. I don't think it was a final, but it was a contribution. As you know, I happen to lead this fight for these $2 million. But like I said, that's 2 million per year for, seems like, at least 15 years or so, so another 28 million or so. Bottom line is, listen, I will tell you, I don't even mind negotiating, but there's no way that I think we -- and I'll be honest with you, the residents should agree to a signed contract or amending or totally disregarding a signed contract, a signed agreement in the tunes of tens of millions of dollars to Museum Park. So I ask that my Trust members that you join me in this, let's say, debate, but I'm not in favor of totally disregarding the millions of dollars. I ask you that we, you know, send a clear message, hopefully unanimous, recommendation to the Omni CRA that that is not approved. Okay. You want to speak? MR. WALKER: I apologize. I don't know what happened to me, but it doesn't matter. MR. DUHARTE: It's $28,000,000.33 it Submitted into the public record for iter (S on city Clerk 11 2 3 4 5 C 7 8 9 10 11 12 13 owl 15 16 17 18 19 20 21 23 24 25 doesn't matter well it does matter. MR. CAROLLO: It matters to the board and to the residents. MR. WALKER: You said it, Mr. Chairman and you said it, it's not maintenance for the park. MR. CAROLLO: Right. MR. WALKER: If you want to do it as maintenance, then it would be legal. I was just correcting capital improvements. MR. KURLAND: Capital improvement. MR. CAROLLO: With that, anymore discussion? Can we take a vote? All those in favor say aye. BOARD MEMBERS: Aye. MR. CAROLLO: Anyone in opposition has the same right to say no. Motion carries unanimously. Thank you. We will now continue with information items. And by the way, I placed this on the agenda because I receive from the DNA board, Downtown Neighborhoods Alliance, their recommendations for any negotiations that we would do, let's say, with some of the events that we have, let's say Ultra and some of the other ones. I chose, and I asked to place it on the agenda, Submitted into the public I record for item S) �. U on City Clerk 1 N 3 4 5 6 7 M. 9 10 11 12 13 14 IN 16 17 18 19 20 21 22 23 24 25 for you to have knowledge of it, for you to digest it so you have plenty of time to process and have plenty of process time before any discussions would happen. Okay? I am not necessarily -- I'm not enticing anyone to have discussions now, but I am in the future. As you know the last of the five-year contract with Ultra ends in March of 2018. I thought we would have some type of discussion where at least we will be in some type of communication where I could bring something to this board, that has not happened. And most likely it will happen sometime after I leave as chairman. So Mr. Gell knows a lot of the emphasis I have made in a lot of different sections where we should be receiving more money. As a matter of fact, I thank this Trust for passing the recommendation for the ticket surcharge because, believe it or not, approximately half of the money we receive from Ultra is from ticket surcharge. So with that said, you have plenty of time for the process. I may not even be here for the whole, but... Mr. Duharte. MR. DUHARTE: Commissioner, as I Submitted into the public record for iter s) on 1 �11 . City Clerl,- 1 2 3 L! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J V understand, the biggest issue with Ultra, basically, their contract I don't think is going to change much. MR. CAROLLO: I wouldn't say that. I wouldn't say that yet. MR. DUHARTE: But the biggest issue was the money issue. And basically, we haven't done the numbers, we don't know exactly how much extra are we going to be making. Because I tried talking to the executive director and tried to get some numbers together, and the numbers were not there, we were not able to. So obviously, there's an increase already. Maybe we can just work at this. You got a couple weeks left, maybe you can get that done before you go. MR. CAROLLO: I -- MR. DUHARTE: Money was the biggest issue as I see it, no? Make it happen. MR. CAROLLO: I think from a timing point of view, we may not be able to make it. MR. DUHARTE: I think it's in everyone's best interest to have them as a partner and secure that event happening. MR. CAROLLO: So Mr. Duharte, let's talk about this. And I do consider partnerships you, Submitted into the public record f, IIte7(sI) 5,k, 6 on ��j, -- City Clerk 1 2 3 4 5 6 7 8 91 IN 11 12 13 14 Iasi Orel 17 18 19 20 21 22 23 24 25 _J, know, but the partnerships need to have fairness between both partners. MR. DUHARTE: True. MR. CAROLLO: Listen, we have come a long ways with Ultra. And in all fairness, they have done a lot of adjustments over the years. But as they have grown, the revenue streams to the park should have grown also. And at the same time, there are issues that the residents have that we need to see if there are ways to remedy or if there are ways that, you know, we can lock them together and come to consensus. That has not happened. And therefore, I have not brought anything to this board. However, I did bring the one thing that I have, the document that was sent to me, I think two or three days before we were going to send out the agenda. That's why I wanted to place it here for you all to see it. I want to tell you, I was very frank with Ms. Palomo. Even though we didn't get into much detail, I want to put it for the board members to see it, but there are flaws. I didn't get into details. I don't want to get into details, but there are flaws. The way it sits right now -- look, I know Submitted into the public record fo ite (s� on City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IrR 19 20 21 22 23 24 25 J V the staff at Bayfront Park is busy doing research on this and stuff like that, but the way the document is right now, we couldn't have two of the events that just occurred that I think were great success, one was the Susan Koman run and then the other one was the Ironman, that was also great success. So they need some work. They need some work. But I still want all of you to have it so that you have time to process, you have time to discuss when we come back to the next board meeting or the one after that or the one after that. You can call me. I have been told by various people I will be on speed dial. You can have those discussions. Mr. Kurland. MR. KURLAND: Now that we know process has become your favorite word. MR. CAROLLO: Of course. MR. KURLAND: I will ask for deferral of the position paper from the DNA. I like a little foreplay before going steady. MR. CAROLLO: We're not taking any vote. MR. KURLAND: No. I know. MR. CAROLLO: It's just for you and Submitted into the public � record for/itein� s) �= on City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 01] 21 22 23 24 25 everybody to see what they're asking for. It's purely information. That's why on an information item we're not taking a vote. We're not saying yes or no. MS. PALOMO: If I may? MR. CAROLLO: Briefly. MS. PALOMO: We want to open a discussion, and there is no intention of dissecting the points at this meeting. What I propose is having a Sunshine Meeting to take place in the near future between Bayfront Park Trust and DNA and whatever producers of events you see fit. The position paper is not singling out Ultra or Rolling Loud. It's events in general. This is about an increase in park revenue that we think possibly could get accomplished this year, contrary to what you think. It's about having access to the park and the playground and getting rid of the most disruptive elements of events. I think we can do this by working a little more collaborative with each other. The street closures, the sound and light checks, you know, the amplified noise. These are things that have gone beyond limits. They happen at all hours of the nights, on weeknights, and we Submitted into the public record fo iter (s) on ( City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need to set limits for the residents to make these events bearable. I also want to point out, as many of you have been to these meetings know, over 1,000 residents signed a petition started by us to end mega events, period. We have brought this position paper to you to bring more of a centrist position on this issue. So it's reasonable, and I think even residents who enjoy going to Ultra and any other event, are going to be in agreement with a lot of the points mentioned here, so any -- MR. CAROLLO: Any questions for Ms. Palomo? MR. CARDENAS: Have a majority of the producers you may or may not been referring to been given these position papers? MS. PALOMO: I have it available for anyone who would like to take a look. But no, we have not engaged in any direct conversation with promoters of events. MR. CAROLLO: Our agenda is public record. They have it there. That's why I did this. So if everybody or anybody wants to see it, will have access to it. Mr. Duharte. Submitted into the public record for items) on J 1'1 . City Clerk 1 Pa 3 4 5 6 7 E:3 01 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DUHARTE: I thank you for presenting this to us, and we will look through it, but I'm going to tell you the next time you bring a petition where over 50 percent of the people who signed the petition lived in Canada and somewhere else, better get citizens from -- MS. PALOMO: I'll give you a list of those. MR. DUHARTE: I have it. MR. CAROLLO: Thank you, Mr. Duharte. I want to make sure we're respectful to everybody, all of our guests. REV. MARTINEZ: Can I request to speak now since I have to pick up my granddaughter? MR. CAROLLO: I understand. Go ahead, sir. REV. MARTINEZ: Can I speak from there? I don't want to put my back to these fine people. MR. CAROLLO: Yes, sir. Two minutes. REV. MARTINEZ: As I see we have ten to 13 events planned for the rest of the year, am I correct about that? I want to read you part of the letter. I first wrote to Mayor Tomas Regalado two months ago, then I wrote to David Smiley who published the article. Submitted into the public record for item s) _ on City Clerk 1 3 2 5 6 7 8 9 10 11 IVA 13 14 15 16 17 18 19 20 21 22 23 24 25 V G MR. CAROLLO: He's here. REV. MARTINEZ: There you go. This is my letter: Thank you for your recent article concerning Bayfront Park. The petition moved to Ultra and other events. As a resident of downtown Miami for the past ten years living right across from Bayfront Park. I live at 50 Biscayne. My wife is the president of the board. I am very appreciative of the coverage. I am very concerned with the continued events being hosted by Bayfront Park. I believe it is being overused and how it is affecting residents, visitors, and the environment impact of Bayfront Park. Quality of life, additional traffic, noise 24 -hours a day during set-up, taking down the events, and additional crime. Two, the park is closed to residents and visitors before and after the events. For example Ultra, is a weekend event, but in reality, it's a month event, setting up and taking down. Environmental damage to the Bayfront Park for weeks the park goes without watering, trimming, fertilizing, and pruning. Bayfront Park, I believe, may be doing damage -- and I use a hard Submitted into the public record fo iter (s) on 10%1,6�� City Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 word. I don't know if I should use it before everybody here now -- for not caring of the continued impact of the community and the environment. So this is my concern: As a resident, I have been here for ten years. I'm all in favor of making money. I'm glad over the last eight years commissioner, the park is making money, but we must balance that with quality of life with all those who live here. MR. CAROLLO: I agree. REV. MARTINEZ: How many of you live in 33132 ZIP code? We're the ones feeling the impact of what's going on. MR. CAROLLO: REV. MARTINEZ: appreciate it. It's understood. Thank you very much. MS. PALOMO: If I can make a comment? MR. CAROLLO: Ms. Palomo. Moving on. Go ahead, briefly. MS. PALOMO: In a public records search, we have the Lollapalooza contract available that they do at the Millennium Park in Chicago. And there's a lot to learn from that contract, I think, in terms setting limits for breakdown time Submitted into the public record for item( �, on City Clerk 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and events. And there's a copy available. So anybody who would like to receive a copy on the board, I'll email it to you. MR. CAROLLO: Thank you, Ms. Palomo. Mr. Martinez. MR. MARTINEZ: I'm the chief of security for Ultra. The last four years we have gone out of our way to try to outreach to the community, also outreach to the Downtown Neighborhood Alliance to try to have that dialogue with the residents at one time. We have been very concerned and want to make sure we're responsible promoters. And we hear the residents and businesses and what their concerns are and try to mitigate as best as we can. I'm open to sitting down with the DNA and any other group who would like to talk about our event and other events and how we can be better partners with the city and Bayfront Park Trust and the residents. MR. CAROLLO: Excellent. Thank you, Mr. Martinez. We had a few years back major issues with public safety, and Ultra did come to the commission and we set different standards, and you have abided by those standards. And I have Submitted into the publicnn record for 'tem( A. on City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 heard from many people that safety, the safety issue, has definitely been addressed. Thank you for that. MR. SPEAKER 2: Just to reiterate, they're asking for a Sunshine Meeting to be set up. It's to take place in a public forum with a public notice with the board. This is something everybody participate in. Neighbors are invited as well as promoters. MR. CAROLLO: That could be made in the future. That was already said by Ms. Palomo. I know there's always an attorney who needs to put the legal aspect, but Ms. Palomo already addressed that. With that said that, if we could now continue at this time -- Mr. Barreto, real quick. MR. BARETTO: Rodney Barreto on behalf of the Super Bowl. We're scheduled to be in the park in 2020. My biggest concern about the neighborhood agenda was trying to limit major events here I want to go on record to say that we already have a contract. I think some really good things were said here with Grant Park in Chicago and the Boston Commons. I think the neighborhood Submitted into the public record for 'tem s) - on on13 . City Clerk 1 2 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and the board should get together. Those parks are there, they've been there forever, the neighborhood. In this case, the neighborhood grew around the park, and I think there's got to be a happy medium to put in place. Remember, we're a world class city. We're going to have major events every year. We just had the All Star Baseball, we just had soccer, and now we got Super Bowl, and we're going after more Super Bowls. We're going to have major events here, and I think we need to come together with the neighborhood and figure out how to work in harmony. Now take that hat off. Put my Bayfront Park. Believe it or not, I was one of the first board members of the park. I did the grand opening with Roy Orbison. Gave him his last birthday cake. A lot of policies you put in place are policies I put in place to make money for this park. Charge for the bear cage, charge for the ticket booth, and generate revenues so we didn't have to take money from the City of Miami. You guys are doing a phenomenal job. You should be congratulated. Submitted into the public record for ite s) r\, on `) . City Clerk ' 1 2 3 4 5 6 7 8 9 10 lei 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CAROLLO: Thank you, Mr. Barreto. Trying to build consensus again. I have been on the record today, and many times when we have these major events coming to South Florida, coming to our city, Bayfront Park, you have to be part of it. The all Star Game, the Super Bowl, college championship football. Everyone knows, downtown Miami Bayfront Park, we're it. That's where I mention without getting into too much detail, there are some flaws with the position paper. And I mentioned two events that just took place this month wouldn't have been able to take place the way it's written right now. That's a discussion for the future. At least for the time that I'm here, take into consideration Super Bowl and all these major events, I think we have worked very hard the last few years, New Year's Eve. You know, and there's just no reason we can't build consensus. With that said, I want to move on. Mr. Gell, Museum Park. MR. DELL: Thanks. At the last board meeting, I mentioned that the City of Miami CIP department was going to begin the restoration project of the granite pathways. That, as of Submitted into the publiM\- record for itetr,$) __ on J J -- City Clerk 1 2 3 4 5 6 7 8 9 10 psi 11Pa 13 14 15 16 17 18 19 20 21 22 P191 24 25 yesterday, has begun. So it's being developed in three phases: The first one is -- are the pathways that are on Biscayne Boulevard between 8th and 9th Street. That portion will take about two to three weeks. MR. CAROLLO: If I may, that was paid by City of Miami General Fund. I fought hard for that. Close to $500,000 for us. MR. GELL: Thank you, Commissioner. Second phase is going to be on the upper level. It's a small garden near that is near the PAMM Museum. That is another couple of weeks. The third phase is the west pathway that's decomposed granite and has lots of potholes. The materials weren't the best chosen, but that's going to be restored as well. So CIP tells me all that work should be done in December. They're working with us to plan their schedule. The second update for Museum Park is the east/west promenade that is at 11th Street from the Science Museum all the way to Baywalk. That is going up, supposedly, or purportedly, rather, in February 2018, and completion date is the fall of 2018, let's call it that. And that's my Submitted into the.public recordZu Ite (S) 5 on �-I . City Clerk ' 1 2 3 4 5 6 7 8 Al 10 11 12 13 14 15 16 17 ora IN 20 21 22 23 24 25 UL, update. MR. CAROLLO: Thank you, Mr. Gell. Real quick, I also want to mention we have another association here. The president and his lovely wife. For the record, can you state your name and the association that you're with. MR. ALTHABE: Oh, sorry. Biscayne Neighborhood Association. My name Andres Althabe, President. MS. NELSON: Sue Nelson also on the board of the Biscayne Neighborhood Association. MR. CAROLLO: Thank you both for being here. MR. ALTHABE: Thank you. MR. CAROLLO: We will continue. New business? Mr. Weinreb was here. He left? MR. SUAREZ-RIVAS: He left. MR. CAROLLO: Any new business? Next board meeting is November 28, 2017. Thank you all. I appreciate the healthy debate. This meeting is adjourned. (Proceedings concluded at 1:25 p.m.) Submitted into the public record fo iter (s) ____�� - on '1 . City Clerk I a 0 / U CERTIFICATE STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) I, ALEXA GOLDMAN, Florida Professional Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 24th day of October, 2017. ALEXA GOLDMAN, FPR Submitted into the publics record for itemS) _�4----- on � b I I E.City Clerk